One of the biggest mistakes companies commit are wage and hour errors.  Sometimes this is intentional to save money.  Other times it is accidental.  Regardless, it is the employee who suffers. You shouldn’t be harmed because your employer failed to pay your wages! Common wage errors:

• Categorizing an employee as an exempt (salaried) employee
• Improperly calculating overtime wages
• Refusing to pay overtime wages
• Improperly calculating hours worked
• Failing to pay minimum wage
• Withholding wages
• Working “off the clock”

The Fair Labor Standards Act (FLSA) sets requirements to protect employees from employer’s intentional and unintentional decisions that are in direct violation of the statute.  If you feel that your employer is violating the FLSA, give us a call at Thomas Dunkel Law and let’s discuss if we can be of help.

Overtime Pay

The FLSA mandates that if an hourly employee works more than 40 hours in one work week, the employee must be paid time-and-a-half for every hour worked over the initial 40 hours.  But in many situations, employees are categorized as exempt (or salaried) and not entitled to overtime pay.  Unfortunately, many employees are labeled “exempt”. However, under the FLSA they do not meet the definition of “exempt”. Therefore, You are not being properly paid. 

There are also situations where hourly employees are categorized correctly but they are paid straight time regardless of the amount of hours worked. Meaning you do not get overtime pay for working more than 40-hours.

Sometimes workweeks are combined to calculate worked hours that causes employees to lose overtime pay.  These actions and decision are in direct violation of the FLSA. If you are not sure if you are properly categorized or worked hours not being calculated correctly, give us a call at Thomas Dunkel law and let us discuss your situation.

Don’t suffer lost time or wages, call Thomson Dunkel.

Minimum Wage

Currently, minimum wage is $7.25. It is mandatory that an employee is paid at least this amount hourly.  There are situations where deductions can be made to an employees pay, but in most cases, an employees pay must still remain at the minimum wage pay standard.  If you believe your employer is not paying you the minimum wage standard or your pay has been subjected to employer withholdings, give us a call at Thomas Dunkel Law  to discuss your situation and determine if we can be of help.